Delhi

East Delhi

CC/74/2022

ANUJ JAIN - Complainant(s)

Versus

B.O.B. - Opp.Party(s)

09 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.74/2022

 

	Anuj Jain, R/o. 115 Bank Enclave, Laxmi Nagar, Delhi-110092	….Complainant
Versus
	Bank of Baroda through its SMS Branch, Shop No. 334-337, Sector 29, Ganga Shopping Complex, G.B. Nagar, Noida-201303(U.P.)	……OP

 

Date of Institution: 08.02.2022

Judgment Reserved on: 04.08.2023

Judgment Passed on: 09.08.2023

                       

QUORUM:

Sh.  S.S. Malhotra (President)

Sh.  Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)

 

Order By: Sh. Ravi Kumar (Member)

 

 

JUDGMENT

 

1. The Complainant has alleged deficiency in service on the part of OP in not processing his Loan Application and then in not informing any reason of not processing the application thereby causing him mental agony and then also not refunding the processing fee of Rs.10,030/- paid by him.
2. The case of the Complainant is that he had applied for allotment of 300 sq. mtr. Plot from Yamuna Expressway Industrial Development Authority (YEIDA) in the draw of scheme “RPS04-2021”. He was declared successful on 14.07.2021 and Plot No.  578 A, J-Block, Sector-18 was allotted to him and he was asked to pay balance amount of Rs.47,23,500/- before 11.09.2021.
3. Thereafter he was approached by one Mr. Anshul Shrivastava, Marketing Officer of OP working in SMS Noida Branch through tele-marketing call for finance for the balance payment (Allotment Money) of Rs. 47,23,500/- to be made to YEIDA. He agreed to the same and submitted the required documents and he also received e-mail dated 04.08.2021 from Mr. Anshul Shrivastava, Marketing Officer of the OP Bank that documents have been received by them.
4. Further the said representative of OP convinced the Complainant to pay Rs.10,030/- in its Current Account No.26290200000572 with IFSC: barb0noidax as ‘Login fees/Processing Fee’ which he paid through G-Pay UPI Vide Transaction ID 122883963114 on 16.08.2021. However from that date onwards the said Mr. Anshul Shrivastava started wriggling out and did not pick up his calls to know about the status of loan application. The Complainant made various telephone calls and sent emails at the address ‘rlf.noida@bankofbaroda.com’ and he never received any reply from the OP. Further OP also did not disclose on the Loan Application Form about the application amount (Processing Fee) to be paid by the Complainant or that the said amount if paid was not refundable which amounts to Unfair Trade Practice.
5. Upon payment of said loan application amount of Rs.10,030/- the OP was required to issue Receipt to the Complainant however no such Receipt was issued by the OP and nor any Application Tracking Number was given to the Complainant so that he could trace the status of his Loan Application. Despite continuous follow-up and e-mails, the OP did not give any response.  Complainant has also contended that OP even did not mention ‘Turn-around Time’ within which his Loan Application would be processed and later the Complainant found that the OP has failed to dispose off his Loan Application and also came to know from other source that his Loan Application has been rejected. However no written communication about the rejection of the Loan Application was ever given by the OP to the Complainant.
6. Aggrieved by the above, the Complainant has filed his complaint before this  Commission  seeking following relief :

 - The OP be directed to refund application fees of Rs. 10,030/- and pay compensation to the tune of Rs.10,00,000/- (Rupees Ten Lacs only) to the Complainant for causing mental pain and agony and indulging in deficient/negligent service and illegal/unfair trade practice.

B.) Cost of the complaint may also be awarded in favour of the Complainant and against the OP.

C.) Any other relief which this Commission deems fit and proper may also be passed in favour of the Complainant and against the OP who consciously indulge in Unfair/Illegal Trade Practices and violation of Fair Practice Guidelines prescribed for Banks by RBI for the protection of interest of consumer(s)/borrower(s) thereby leading to serious violation of consumer rights enumerated in Consumer Protection Act, 2019.

7. On 27.07.2022 this Commission observed that OP was served with the copy of the complaint on 20.05.2022 and statutory period to file written statement had lapsed and the matter was fixed on 01.09.2022. On the said date i.e. 27.07.2022 Mr. Amit Roy, Manager, Noida Branch alongwith Mr. Anshul Shrivastava, Marketing Officer of the OP appeared. On the next date i.e. 01.09.2022, the Complainant filed his evidence and OP sought time to explore the possibility of settlement and on 12.11.2022 it was informed that settlement was not possible. On the next date i.e. 16.01.2023 matter was adjourned as none appeared for OP and further on 17.03.2023 arguments of Complainant were heard by the Commission. Further fresh arguments of the complainant have been heard on 04.08.2023.
8. Thus OP has not filed any reply to the complaint nor appeared before this Commission after 12.11.2022. It is matter of record the OP were not proceeded ex-parte formally and therefore vide order dated 04.08.2023 OP have been proceeded ex-parte formally.
9. Complainant has filed his evidence by way of affidavit wherein he has marked the following documents as exhibits:

• Copy of allotment letter attached as Annexure A as Exhibit CW-1/1.
• E-mail copy attached Annexure B as Exhibit CW-1/2.
• Copy of bank statement as proof of payment attached as Exhibit CW-1/3 and Loan Application attached as Annexure C as Exhibit CW-1/4.
• Copy of email dated 26.08.2021 attached as Annexure D as Exhibit CW-1/5 & as Exhibit  CW-1/6.

 

10. Thus Commission has heard the arguments of the Complainant and perused the records. No arguments have been put forth by the OP before this Commission.
11. The case of the Complainant is that he was allotted Plot No.  578 A, J-Block, Sector-18 of YEIDA on 14.07.2021 and he was issued allotment letter  (Exhibit CW-1/1). As per point 4 & 6 of the said letter the Allotment Money of Rs.47,23,500/-  was to be paid by him to YEIDA within 60 days from the date of the said letter and in case he failed to deposit the said amount then allotment will be liable for cancellation and registration money deposited will be forfeited in favour of YEIDA. The due date of payment was also mentioned as 11.09.2021.  
12. After the said allotment the Complainant was approached by the representative of OP namely Mr. Anshul Shrivastava as Marketing Officer through telemarketing call and Complainant was informed that OP Bank is ready to finance the said amount of Rs.47,23,500/-. Upon his providing the required documents, the Complainant received e-mail dated 04.08.2021 from Mr. Anshul Shrivastava which stated that ‘his documents have received and that as per his CIBIL score the rate of interest will be 6.76% with insurance & 6.80% without insurance.’ But there it is also mentioned that ‘this mail is originated from outside the Bank’s domain’.
13. Based on the said information the Complainant agreed to avail finance assistance from the OP and on their demand the Complainant also paid Rs.10,030/- through GPay UPI on 16.08.2021. However thereafter the response from the OP representative namely Mr. Anshul Shrivastava was not positive and the said Mr. Anshul Shrivastava started wriggling out and also stop picking up the calls made by the Complainant to him.
14. As per the e-mail dated 04.08.2021, the process of sanctioning of Loan started on 04.08.2021 when the said Mr. Anshul Shrivastava informed that he has received the documents from the Complainant and as per the CIBIL score the rate of interest will be 6.75% with insurance and 6.80% without insurance. The Complainant has also filed copy of the Loan Application for Home-loan alongwith his complaint.
15. On 25.08.2021 the Complainant requested OP Bank by way of e-mail (rlf.noida@bankof baroda.com)to issue Receipt of payment of Rs. 10,030/- which he had made on 16.08.2021 and this was followed by further email dated 26.08.2021. The Complainant also sent letter dated 22.09.2021 to the OP and it is very strange to note that OP neither replied to the e-mails nor responded to the letter. The last date to deposit Allotment Money (balance amount) as per letter dated 14.07.2021 of  YEIDA was 11.09.2021 however the OP Bank did not respond to the Loan Application till 26.08.2021 and thereafter.
16. As far as the evidence is concerned the Complainant is able to establish that he paid Rs.10,030/- on 16.08.2021 by way of UPI (Exhibit CW-1/3) and there was correspondence by way of email between 04.08.2021 and 26.08.2021 (Exhibit CW-1/5 & as Exhibit  CW-1/6) at  rlf.noida@bankof baroda.com wherein the Complainant sought the status of his Loan Application and to issue him Receipt of the amount of Rs.10,030/- paid by him.
17. The OP has been proceeded ex-parte. They have not filed their Reply though the copy of the complaint was received by them on 20.05.2022 and their Manager Mr. Amit Roy of Noida Branch alongwith Mr. Anshul Shrivastava, Marketing Officer appeared before this Commission. The case of the Complainant goes unrebutted.  
18. It is also observed that the OP – Bank of Baroda is Nationalised Bank and is bound by RBI guidelines as well as their internal Circulars which lays-down the procedure to be followed by the Bank upon receiving the Loan Application, its Turn-around time and Bank to inform the proposed borrower about the out-come of his Loan Application whether accepted or not. In the present case as per the allotment letter dated 14.07.2021 of YEIDA, the amount of Rs. 47,23,500/- was to be paid to them by the Complainant before 11.09.2021. The process of Loan Application started by the OP on 04.08.2021 wherein even the rate of interest was also communicated to the Complainant and an amount of Rs.10,030/- was also paid by the Complainant as Processing  Fee on 16.08.2021. However thereafter there was complete silence from the side of OP. No Bank should keep proposed Borrower’s Loan Application for indefinite period and is bound by the guidelines of RBI and their internal guidelines/Circulars to convey the decision within the turn-around time. Not adhering to same amounts to deficiency in service and adopting Unfair Trade Practice which is glaring in the present case.
19. Thus for the reasons stated supra,  this Commission holds OP liable for deficiency in service as well as adopting Unfair Trade Practice and orders as follows;

- OP to refund Rs.10,030/- to the Complainant with interest @9% p.a from 16.08.2021 within 30 days of receipt of this Order.

- OP to pay Rs.10,000/- to the Complainant towards mental agony and harassment.

•  

This Order shall be complied by OP within 30 days of receipt of the Order failing which OP shall pay interest @12% on all the above amounts till the date of realisation.

Copy of the Order be supplied/sent to the Parties free of cost as per rules.

File be consigned to Record Room.

Announced on 09.08.2023.